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Full-Text Articles in Law
Constitutional Law: Protecting Our Youth: A Necessary Limit On The First Amendment—State V. Muccio, Richard A. Podvin
Constitutional Law: Protecting Our Youth: A Necessary Limit On The First Amendment—State V. Muccio, Richard A. Podvin
Mitchell Hamline Law Review
No abstract provided.
Action And Reaction: The Trump Executive Orders And Their Reception By The Federal Courts, Anthony S. Winer
Action And Reaction: The Trump Executive Orders And Their Reception By The Federal Courts, Anthony S. Winer
Mitchell Hamline Law Review
No abstract provided.
Beyond Strict Scrutiny: Forbidden Purpose And The "Civil Commitment" Power, Eric S. Janus
Beyond Strict Scrutiny: Forbidden Purpose And The "Civil Commitment" Power, Eric S. Janus
Faculty Scholarship
Sex offender civil commitment (SOCC) is a massive deprivation of liberty as severe as penal incarceration. Because it eschews most of the "great safeguards" constraining the criminal power, SOCC demands careful constitutional scrutiny. Although the Supreme Court has clearly applied heightened scrutiny in judging civil commitment schemes, it has never actually specified where on the scrutiny spectrum its analysis falls. This article argues that standard three-tier scrutiny analysis is not the most coherent way to understand the Supreme Court’s civil commitment jurisprudence. Rather than a harm-balancing judgment typical of three-tier scrutiny, the Court’s civil commitment cases are best understood as …